Evidence Is a Crucial Component Of Domestic Violence Cases

Domestic violence is often a dirty secret kept hidden behind closed doors. However, a sobering estimated 34.9% of California women experience domestic violence in their lifetimes. Friends and family are often not aware of the abuse. 

If the abuse is reported to the authorities, the spouse is often reluctant to follow through with charges. This makes it difficult to prosecute the offender, even when the abuse turns violent. This is when evidence is crucial. However, the complexity of evidence in a California domestic violence case can also stall even the best-planned legal strategy

Types of Evidence in Domestic Violence Cases

Juries and judges expect to hear and see evidence in any type of criminal case. This includes cases involving domestic violence. Did you know that one in three women and one in four men experience some form of violence at the hands of their partners? The type of violence varies from shoving and pushing to slapping, hitting, and kicking. Regardless of the type of abuse, you have a legal right to press charges.

Once charges are filed, stopping the legal process is difficult. Even if you’re too afraid or ashamed to continue with your case, a prosecutor can decide to continue moving forward. While your testimony is extremely helpful, a domestic violence case can also stand on evidence alone. After all, even with your testimony, evidence is still needed to support your claim. There are five common types of evidence used in domestic violence cases:

1. Testimony
2. Physical
3. Documentary
4. Hearsay
5. Original

Here’s a more in-depth look at these types of evidence and how it can help support your domestic violence claim.

Testimony

Testimonies are given under oath. If the witness lies, perjury charges are possible. Perjury is a misdemeanor offense that carries fines and potential jail time. The punishment for perjury is typically left up to the presiding judge.

Direct witnesses are individuals with firsthand knowledge of the abuse. They witnessed the violence against you on one or more occasions. Expert witnesses do not need direct knowledge of your abusive situation. Instead, they’re experts in their field and are called to clarify points the court may not be familiar with. Character witnesses may not be able to testify about the abuse, but they can verify your character.

Sometimes, character witnesses are a vital part of your domestic violence case. Your abusive partner may try to discredit you in court and these witnesses can refute the defense’s claims.

Physical Evidence

Physical evidence is tangible. The judge and jury can hear or see the evidence. Some examples of physical evidence include but are not limited to:

• Emails and text messages
• Videos
• Audio recording
• Social media posts
• Photos
• Ripped clothing
• Weapons used in the attack
• Letters and other types of documents

Even torn-up documents can be entered as evidence in a domestic violence case. The primary requirement is the evidence must be related to supporting your claim. In other words, your attorney can only introduce relevant information.

Documentary Evidence

Documentary evidence can also be physical, hearsay, or original evidence. There are a few types of documentary evidence that can be introduced in a domestic violence case:

• Medical documents describing your injuries or emotional state. Some witnesses may also qualify as documentary evidence. For example, a nurse witnessing abusive behavior towards you during admittance or at a routine medical checkup.
• Reports issued by the police documenting the abuse or suspected violent behavior
• If your partner is going through another criminal case. Documents from the other case may be relevant to yours
• Letters from organizations that support victims of domestic violence

Your attorney may also introduce letters from organizations that support people in difficult situations, like social services.

Original Evidence

Original evidence is a little harder to explain than some other types. Original evidence is used to corroborate your claim of domestic violence. For example, your partner threatens to kill you during an assault. You can use their threat to support your claim of being in a life-threatening situation.

Since original evidence is similar to hearsay, it’s not always admissible in court. However, it doesn’t hurt to try to get it in. Sometimes, original evidence is introduced during your testimony. As you describe the violent incident, you can also repeat the words and phrases used during the attack.

Contact a California Divorce Attorney Specializing in Domestic Violence

Don’t stay in an abusive relationship, it rarely improves. If you’re experiencing domestic violence ask for help. This may be the authorities or a divorce attorney. Both can help you safely leave the relationship while also helping to ensure your partner receives fair punishment.